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(영문) 수원지방법원 2015.11.26 2015나13727

물품대금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Text of the judgment of the court of first instance;

Reasons

1. Basic facts

A. A. Around October 2011, the Plaintiff supplied construction materials of KRW 79,591,400 to the original neighborhood living site and C construction site that Defendant A Co., Ltd (hereinafter “Defendant Company”) performed.

B. The Defendant Company: (a) delivered to the Plaintiff a copy of the number of shares per share (the par value of 80,000,000) per issuer Dae Pung Industrial Co., Ltd.; (b) the date of payment; and (c) the Plaintiff offered a payment proposal on the date of payment, but was refused to pay.

C. On October 16, 2014, the Defendant Company confirmed that the amount of KRW 79,591,400 for the goods was unpaid to the Plaintiff, and prepared a written confirmation confirming that the Defendant Company would transfer its claims against the Agdong Mine Co., Ltd. to the Plaintiff (hereinafter “instant confirmation”), and Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s obligations.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Judgment on the parties’ assertion

A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 79,591,400 for the goods and the damages for delay calculated at the respective rate of 20% per annum under the Civil Act from April 30, 2012 to November 17, 2014, Defendant Company, which is clear that the delivery date of the copy of the complaint in this case, sought by the Plaintiff, from April 30, 2012 to November 18, 2014, Defendant B, from November 18, 2014, and from the following day to the date of full payment.

B. Defendant B’s assertion that Defendant B did not bear the joint and several liability, despite the fact that Defendant B prepared the instant confirmation document by showing it to the Plaintiff at the collection company, but there was no agreement between the Plaintiff and the Plaintiff on the joint and several liability part of Defendant B. However, there is no evidence to acknowledge this, Defendant B’s assertion is without merit.

3. Conclusion